11163
FROM
CITY OF
NEWPORT BEACH
City Council Staff Report
July 12, 2022
Agenda Item No. 4
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
Leilani I. Brown, City Clerk - 949-644-3005,
([email protected]
PREPARED BY: Leilani I. Brown, City Clerk
TITLE: Resolution No. 2022-47: Certification of Results of Special Municipal Election of June 7, 2022
ABSTRACT:
A Special Municipal Election was held and conducted on Tuesday, June 7, 2022. The Orange County Registrar of Voters Office has certified the returns of the special election and, pursuant to California Elections Code Sections 9269 and 10263, the governing body shall adopt a resolution reciting the fact of the election and the other matters enumerated in California Elections Code Section 10264.
RECOMMENDATION:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and
b) Adopt Resolution No. 2022-47, A Resolution of the City Council of the City of Newport Beach, California, Reciting the Facts of the Special Municipal Election Held on Tuesday, June 7, 2022, and Declaring the Result and Such Other Matters as Provided by Law.
DISCUSSION:
On October 21, 2021, the City Council adopted Resolution No. 2022-103 calling the City of Newport Beach's (City's) Special Municipal Election to be held on June 7, 2022, for the submission of a proposed amendment to the City Charter to the electors, Measure B — Direct Election of the Mayor by the Voters. Additionally, Resolution No. 2022-104 was adopted requesting the Orange County Board of Supervisors consolidate the Special Municipal Election with the June 7, 2022 Statewide Direct Primary Election and provide election services through the Registrar of Voters Office.
On June 7, 2022, the Special Municipal Election was conducted, and the Orange County Registrar of Voters canvassed the returns and certified the results of the election.
California Elections Code Section 10262(b) requires the City Council to certify the election results no later than the next regularly scheduled City Council meeting following the Orange County Registrar's presentation to the City of the final canvass of the returns. 4-1
Resolution No. 2022-47: Certification of Results of
Special Municipal Election of June 7, 2022
July 12, 2022
The Certificate of the Registrar of Voters, which is attached to and referenced as Exhibit 1 to Resolution No. 2022-47, contains a report of the number of votes cast for Measure B (10,859 "Yes" votes and 15,385 "No" votes).
FISCAL IMPACT:
There is no fiscal impact related to this item.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).
ATTACHMENT:
Attachment A — Resolution No. 2022-47
4-2
ATTACHMENT A
RESOLUTION NO. 2022-47
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, RECITING THE
FACTS OF THE SPECIAL MUNICIPAL ELECTION
HELD ON TUESDAY, JUNE 7, 2022, AND DECLARING
THE RESULT AND SUCH OTHER MATTERS AS
PROVIDED BY LAW
WHEREAS, a Special Municipal Election was held and conducted in the City of Newport Beach, California, on Tuesday, June 7, 2022, as authorized by Section 3 of Article XI of the Constitution of the State of California, Section 1001 of the Newport Beach City Charter, Section 1415(a)(2) and 9255(b)(1) of the California Elections Code, and Resolution No. 2021-103 of the City Council of the City of Newport Beach; WHEREAS, as authorized by Elections Code Section 10400 et seq., the special election was held and consolidated with the Statewide Direct Primary Election held the same day;
WHEREAS, notice of the special election was given in time, form and manner as provided by law; that voting precincts were properly established; that election officers were appointed and that in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in charter cities; and
WHEREAS, the County Election Department canvassed the returns of the special election and has certified the results to this City Council.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows:
Section 1: The Certificate of Registrar of Voters to Result of the Canvass of the Statewide Direct Primary Election Returns is received, attached hereto as Exhibit 1, and made a part of and incorporated herein by this reference.
Section 2: That the whole number of Vote Center ballots cast was 3,292 and the whole number of vote -by -mail ballots cast was 24,350, making a total of 27,642 ballots cast in the City.
Section 3: That the measure voted upon at the special election is as follows:
Measure B (Direct Election of the Mayor by the Voters)
Section 4: That the number of votes given at each precinct and the number of votes given in the City for and against Measure B are listed in the Certified Statement of the Votes Cast at the Statewide Direct Primary Election June 7, 2022, attached hereto as Exhibit 2, and incorporated herein by this reference.
G�c]
Resolution No. 2022-
Section 5: The City Council declares and determines that, as a result of the special election, a majority of the voters voting on Measure B did not vote in favor of Measure B, and that the measure was not carried and shall not be deemed adopted and ratified.
Section 6: The City Clerk shall enter on the records of the City Council of the City, a statement of the results of the special election, showing.. (1) the whole number of ballots cast in the City; (2) the measure voted upon; and, (3) the number of votes given at each precinct for or against Measure B.
Section 7: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
Section 8: The City Council finds the adoption of this resolution is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
Resolution No. 2022-
Section 9: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 12th day of July, 2022.
Kevin Muldoon
Mayor
ATTEST:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
A ron C. Harp, City Attorney
Exhibit 1 - Certificate of Registrar of Voters to Result of the Canvass of the Statewide Direct Primary Election Returns
Exhibit 2 - Certified Statement of the Votes Cast at the Statewide Direct Primary Election June 7, 2022
G�
EXHIBIT 1
CERTIFICATE OF REGISTRAR OF VOTERS TO RESULT
OF THE CANVASS OF THE STATEWIDE DIRECT PRIMARY ELECTION RETURNS
STATE OF CALIFORNIA)
)SS.
COUNTY OF ORANGE )
I, Bob Page, Registrar of Voters of Orange County, do hereby certify the following to be a full, true and correct Statement of the Vote of the election listed below, consolidated with the Statewide Direct Primary Election held on June 7, 2022,
CITY OF NEWPORT BEACH
MEASURE B
YES 10,859
NO 15,385
VOTE CENTER BALLOTS CAST:
VOTE -BY -MAIL BALLOTS CAST:
TOTAL BALLOTS CAST:
3,292
24,350
27,642
I hereby certify that the number of votes cast for the measure is as set forth above and appears in the Certified Statement of the Vote.
WITNESS my hand and Official Seal this 25th day of June, 2022.
IQ
BOB PAGE
Registrar of Voters
Orange County
.o
EXHIBIT 2
CERTIFIED STATEMENT OF THE VOTES CAST
at the
STATEWIDE DIRECT PRIMARY ELECTION
JUNE 7, 2022
in the
County of Orange, State of California
FILED , 2022
SHIRLEY N. WEBER, SECRETARY OF STATE
I0-YA
State of California)
)SS
County of Orange)
DEPUTY
1, Bob Page, Registrar of Voters of Orange County, do hereby certify that the within is a true and correct statement of the votes cast in this county at the Statewide Direct Primary Election, as determined by the canvass of the returns of said election.
WITNESS my hand and Official Seal
THIS DAY OFF 2022
REGISTRAR OF VOTERS
6/24/2022 4:05 PM District Results Report - June 07, 2022 Page 2744 Vote Center Totals
_O o
5 O
District m �
Orange County
60,742
3,292
5.4 Orange County
60,742
3,292
5.4 47th Congressional District
60,742
3,292
5.4 36th Senate District
60,742
3,292
5.4 72nd Assembly District
60,742
3,292
5.4 5th Supervisorial District
60,742
3,292
5.4 Newport Beach
60,742
3,292
5.4 Newport Beach Ward Division
7,428
456
6.1 1
Newport Beach Ward Division
8,031
369
4.6 2
Newport Beach Ward Division
9,040
405
4.5 3
Newport Beach Ward Division
9,050
508
5.6 4
Newport Beach Ward Division
9,582
523
5.5 5
Newport Beach Ward Division
8,963
561
6.3 6
Newport Beach Ward Division
8,648
470
5.4 7
State Board of Equalization
60,742
3,292
54 (4th District)
County Board of Education
42,145
2,235
5.3 Trustee Area 2
County Board of Education
18,597
1,057
5.7 Trustee Area 5
Coast Community College
52,246
2,886
5.5 District
Coast Community College
52,246
2,886
5.5 District Trustee Area 5
South Orange County
8,220
401
4.9 Community College District
South Orange County
8,220
401
4.9 Community College District
Trustee Area 3
Rancho Santiago Community
276
5 1.8
College District
Rancho Santiago Community
276
5 1.8
College District Trustee Area 2
Newport -Mesa Unified School
59,503
3,254
5.5 District
Newport -Mesa Unified School
15,485
820
5.3 District Trustee Area 3
Newport -Mesa Unified School
20,239
1,194
5.9 District Trustee Area 4
Newport -Mesa Unified School
18,580
984
5.3 District Trustee Area 5
Newport -Mesa Unified School
5,199
256
4.9 District Trustee Area 6
Santa Ana Unified School
276
5 1.8
District
Laguna Beach Unified School
963
33 3.4
District
Irvine Unified School District
0 0
0.0 Irvine Unified School District
0 0
0.0 Trustee Area 3
Municipal Water District Of
60,742
3,292
5.4 Orange County
Municipal Water District of
3,144
131
4.2 Orange County Div 4
Municipal Water District of
57,598
3,161
5.5 Orange County Div 5
Orange County Water District
55,218
3,014
5.5 Orange County Water District
13,013
800
6.1 Division 5
O
> z
1,418
1,418
1,418
1,418
1,418
1,418
1,418
186
179
152
223
214
246
218
1,418
958
460
1,201
1,201
212
212
5 5
1,391
366
513
423
89 5
22 0
0 1,418
68 1,350
1,276
338
N
1,724
1,724
1,724
1,724
1,724
1,724
1,724
243
178
236
273
279
287
228
1,724
1,183
541
1,554
1,554
170
170
0 0
1,717
426
619
513
159
0 7
0 0
1,724
55 1,669
1,605
425
I
6/24/2022 4:05 PM District Results Report - June 07, 2022 Page 2745 Vote Center Totals
District
_
O
CC
Y
w
N
O
03 0
C
F-
h
>
Z
Orange County Water District
42,205
2,214
5.2 938
1,180
Division 7
Irvine Ranch Water District
13,341
623
4.7 319
270
Irvine Ranch Water Dist - Div 3
0 0
0.0 0
0 Irvine Ranch Water Dist - Div 5
13,341
623
4.7 319
270
Mesa Water District
3,141
131
4.2 68
55 Mesa Water District Division 1
2,558
104
4.1 59
39 Mesa Water District Division 5
583
27 4.6
9 16
Costa Mesa Sanitary District
3,814
181
4.7 74
100
Costa Mesa Sanitary Dist- Div
2,395
94 3.9
43 45
2 Costa Mesa Sanitary Dist - Div
1,419
87 6.1
31 55
5 Historical 2010 - 48th
60,742
3,292
5.4 1,418
1,724
Congressional District
Historical 2010 - 37th Senate
60,742
3,292
5.4 1,418
1,724
District
Historical 2010 - 74th
60,742
3,292
S.4
1,418
1,724
Assembly District
Historical 2010 - State Board of
60,742
3,292
SA
1,418
1,724
Equalization (4th District)
Vote Center Totals
60,742
3,292
5.4 1,418
1,724
6 •
6/24/2022 4:05 PM District Results Report - June 07, 2022 Page 2746 Vote by Mail
Totals
c -
o o
v
u 0
District cc: co
Orange County
Orange County
47th Congressional District
36th Senate District
72nd Assembly District
5th Supervisorial District
Newport Beach
Newport Beach Ward Division
1 Newport Beach Ward Division
2 Newport Beach Ward Division
3 Newport Beach Ward Division
4 Newport Beach Ward Division
5 Newport Beach Ward Division
6 Newport Beach Ward Division
7 State Board of Equalization
(4th District)
County Board of Education
Trustee Area 2
County Board of Education
Trustee Area 5
Coast Community College
District
Coast Community College
District Trustee Area 5
South Orange County
Community College District
South Orange County
Community College District
Trustee Area 3
Rancho Santiago Community
College District
Rancho Santiago Community
College District Trustee Area 2
Newport -Mesa Unified School
District
Newport -Mesa Unified School
District Trustee Area 3
Newport -Mesa Unified School
District Trustee Area 4
Newport -Mesa Unified School
District Trustee Area 5
Newport -Mesa Unified School
District Trustee Area 6
Santa Ana Unified School
District
Laguna Beach Unified School
District
Irvine Unified School District
Irvine Unified School District
Trustee Area 3
Municipal Water District Of
Orange County
Municipal Water District of
Orange County Div 4
Municipal Water District of
Orange County Div 5
Orange County Water District
Orange County Water District
Division 5
60,742
24,350
40.1 6Q742
24,350
40.1 60,742
24,350
40.1 6Q742
24,350
40.1 60,742
24,350
40.1 6Q742
24,350
40.1 60,742
24,350
40.1 7,428
2,827
38.1 8,031
2,619
32.6 9,040
3,824
42.3 9,050
3,419
37.8 9,582
4,308
45.0 8,963
3,987
44.5 8,648
3,366
38.9 60,742
24,350
40.1 42,145
16,519
39.2 18,597
7,831
42.1 52,246
21,451
41.1 52,246
21,451
41.1 8,220
2,849
34.7 8,220
2,849
34.7 276
50 18.1
276
50 18.1
59,503
23,950
40.3 15,485
6,009
38.8 2Q239
8,579
42A
18,580
6,966
37.5 5,199
2,396
46.1 276
50 18.1
963
350
36.3 0
0 0.0
0 0
0.0 60,742
24,350
40.11 3,144
969
30.8 57,598
23,381
40.6 55,218
22,384
40.5 13,013
5,724
44.0 `^ o
Y Z
9441
9441
9441
9441
9441
9441
9441
1009
1005
1424
1423
1682
1283
1615
9441
6183
3258
8015
8015
1396
1396
30 30
9210
2560
3327
2541
782
30 201
0 0
9441
449
8992
8437
2052
13661
13661
13661
13661
13661
13661
13661
1683
1481
2233
1819
2420
2516
1509
13661
9541
4120
12395
12395
1253
1253
13 13
13531
3136
4793
4084
1518
13 117
0 0
13661
462
13199
12859
3389
4-10
6/24/2022 4:05 PM District Results Report - June 07, 2022 Page 2747 Vote by Mail
Totals
_o
V
0 O
District m
Orange County Water District
42,205
16,660
39.5 Division 7
Irvine Ranch Water District
13,341
4,579
34.3 Irvine Ranch Water Dist - Div 3
0 0
0.0 Irvine Ranch Water Dist - Div 5
13,341
4,579
34.3 Mesa Water District
3,141
969
30.9 Mesa Water District Division 1
2,558
715
28.0 Mesa Water District Division 5
583
254
43.6 Costa Mesa Sanitary District
3,814
1,523
39.9 Costa Mesa Sanitary Dist - Div
2,395
921
38.5 2
Costa Mesa Sanitary Dist - Div
1,419
602
42A
5 Historical 2010 - 48th
60,742
24,350
40.1 Congressional District
Historical 2010 - 37th Senate
60,742
24,350
40.1 District
Historical 2010 - 74th
60,742
24,350
40.1 Assembly District
Historical 2010 - State Board of
60,742
24,350
40.1 Equalization (4th District)
Vote by Mail Totals
60,742
24,350
40.1 o
r z
6385
2244
0 2244
449
363
86 578
372
206
9441
9441
9441
9441
9,441
9470
2003
0 2003
462
304
158
869
501
368
13661
13661
13661
13661
13,661
6/24/2022 4:05 PM District Results Report - June 07, 2022 Page 2748 Grand Totals
o
.Y
N 0
p OE
District m
Orange County
60,742
27,642
45.5 Orange County
60,742
27,642
45.5 47th Congressional District
60,742
27,642
45.5 36th Senate District
60,742
27,642
45.5 72nd Assembly District
60,742
27,642
45.5 5th Supervisorial District
60,742
27,642
45.5 Newport Beach
60,742
27,642
45.5 Newport Beach Ward Division
7,428
3,283
44.2 1
Newport Beach Ward Division
8,031
2,988
37.2 2
Newport Beach Ward Division
9,040
4,229
46.8 3
Newport Beach Ward Division
9,050
3,927
43.4 4
Newport Beach Ward Division
9,582
4,831
50A
5 Newport Beach Ward Division
8,963
4,548
50.7 6
Newport Beach Ward Division
8,648
3,836
44.4 7
State Board of Equalization
60,742
27,642
45.5 (4th District)
County Board of Education
42,145
18,754
44.5 Trustee Area 2
County Board of Education
18,597
8,888
47.8 Trustee Area 5
Coast Community College
52,246
24,337
46.6 District
Coast Community College
52,246
24,337
46.6 District Trustee Area 5
South Orange County
8,220
3,250
39.5 Community College District
South Orange County
8,220
3,250
39.5 Community College District
Trustee Area 3
Rancho Santiago Community
276
55 19.9
College District
Rancho Santiago Community
276
55 19.9
College District Trustee Area 2
Newport -Mesa Unified School
59,503
27,204
45.7 District
Newport -Mesa Unified School
15,485
6,829
44.1 District Trustee Area 3
Newport -Mesa Unified School
20,239
9,773
48.3 District Trustee Area 4
Newport -Mesa Unified School
18,580
7,950
42.8 District Trustee Area 5
Newport -Mesa Unified School
5,199
2,652
51.0 District Trustee Area 6
Santa Ana Unified School
276
55 19.9
District
Laguna Beach Unified School
963
383
39.8 District
Irvine Unified School District
0 0
0.0 Irvine Unified School District
0 0
0.0 Trustee Area 3
Municipal Water District Of
60,742
27,642
45.5 Orange County
Municipal Water District of
3,144
1,100
35.0 Orange County Div 4
Municipal Water District of
57,598
26,542
46.1 Orange County Div 5
Orange County Water District
55,218
25,398
46.0 Orange County Water District
13,013
6,524
50.1 Division 5
N o
} Z
10859
10859
10859
10859
10859
10859
10859
1195
1184
1576
1646
1896
1529
1833
10859
7141
3718
9216
9216
1608
1608
35 35
10601
2926
3840
2964
871
35 223
0 0
10859
517
10342
9713
2390
15385
15385
15385
15385
15385
15385
15385
1926
1659
2469
2092
2699
2803
1737
15385
10724
4661
13949
13949
1423
1423
13 13
15248
3562
5412
4597
1677
13 124
0 0
15385
517
14868
14464
3814
4-12
6/24/2022 4:05 PM District Results Report - June 07, 2022 Page 2749 Grand Totals
C -
0 o
o V
0 C
District o m 1—
Orange County Water District
42,205
18,874
44.7 Division 7
Irvine Ranch Water District
13,341
5,202
39.0 Irvine Ranch Water Dist - Div 3
0 0
&0
Irvine Ranch Water Dist - Div 5
13,341
5,202
39.0 Mesa Water District
3,141
1,100
35.0 Mesa Water District Division 1
2,558
819
32.0 Mesa Water District Division 5
583
281
48.2 Costa Mesa Sanitary District
3,814
1,704
44.7 Costa Mesa Sanitary Dist - Div
2,395
1,015
42A
2 Costa Mesa Sanitary Dist - Div
1,419
689
48.6 5
Historical 2010 - 48th
6Q742
27,642
45.5 Congressional District
Historical 2010 - 37th Senate
60,742
27,642
45.5 District
Historical 2010 - 74th
6Q742
27,642
45.5 Assembly District
Historical 2010 - State Board of
60,742
27,642
45.5 Equalization (4th District)
Vote Center Totals
6Q742
3,292
5.4 Vote by Mail Totals
60,742
24,350
40.1 Grand Totals
6Q742
27,642
45.5 ^
i
o
z
7323
10650
2563
2273
0 0
2563
2273
517
517
422
343
95 174
652
969
415
546
237
423
10859
15385
10859
15385
10859
15385
10859
15385
1,418
1,724
9,441
13,661
10,859
15,385
4-13